M. & D. SIMON CO. v. R. H. MACY & CO.


152 F.Supp. 212 (1957)

M. & D. SIMON CO., Inc., Plaintiff, v. R. H. MACY & CO., Inc., Dorset Knitwear, Ltd., and Donegal Sportswear, Inc., Defendants.

United States District Court S. D. New York.

March 29, 1957.


Attorney(s) appearing for the Case

Kirschenstein, Kirschenstein & Ottinger, New York City, for plaintiff.

Rosenman, Goldmark, Colin & Kaye, New York City, for defendants.


WALSH, District Judge.

This is an action for trade-mark infringement and unfair competition. It was commenced in the State court and removed to this Court by the defendants who claim that, notwithstanding the absence of appropriate allegations in the complaint, it is necessarily an action under the Lanham Act, 15 U.S.C.A. § 1051 et seq., an Act of Congress relating to trade-marks, and therefore an action of which this Court has original jurisdiction. No other...

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